A Critical Analysis of Arrest without Warrant: Legal Framework and Practical Implications in the Context of Bangladesh.

Abstract

Arrest without a warrant is the most arbitrary and widespread issue, and there has been a question regarding the legitimacy of arrest without warrant by law enforcement authorities across the world. Arrest without warrant is done to prevent an individual from committing a cognizable offense in the future. An arrest of a person means temporary deprivation of human rights and if an arrest is made without warrant and if it happens to be arbitrary, then it violates fundamental human rights. In Bangladesh, the power of arrest without a warrant is primarily governed by the Code of Criminal Procedure (CrPC), which grants the police certain powers to make arrests without warrant specific circumstances. Nevertheless, there have been concerns raised regarding the potential misuse of this authority and its inconsistency with global human rights norms. From an international perspective, the right to liberty and security of a person is protected by various international human rights instruments. The Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) are two significant instruments that guarantee the person’s rights to liberty and security. Article 9 of both covenants establishes the principle that individuals should not be subjected to arbitrary arrest or imprisonment, emphasizing that any arrest or detention must be justified by valid grounds.